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01 September 2019 | Story Lacea Loader | Photo Stephen Collett
Chief Justice Mogoeng Mogoeng
From the left: Prof Prakash Naidoo, Vice-Rector: Operations at the UFS; Justice Mogoeng Mogoeng, Chief Justice of the Republic of South Africa; and Prof John Mubangizi, Dean: Faculty of Law at the UFS.

    Watch the full prestige lecture HERE.


“The government of the day should be based on the will of the people and must be led by people who deserve to lead us.” These were the words of Justice Mogoeng Mogoeng, the Chief Justice of the Republic of South Africa, during a prestige lecture delivered in the Faculty of Law on the Bloemfontein Campus of the University of the Free State (UFS) on 30 August 2019.

In addressing the topic of ‘Transformative Constitutionalism’, Chief Justice Mogoeng Mogoeng said this simply meant that the constitution was used as a tool to change or move a family, society, institution or the nation from an unacceptable to a more desirable position. He added that constitutionalism can be enhanced through ethical, courageous, and visionary leadership.

“There is a belief that judges should have nothing to do with matters of politics. I agree, but only to a certain extent. Judges are supposed to deal with political issues, as they interpret the constitution and the law. It is inescapable in a South African context. Some say that judges should only speak through their judgments. I've always said that our constitution is political in nature.”

“The preamble of our Constitution says this country belongs to all who live in it, but to what extent have we allowed our Constitution to achieve these objectives? A constitution does not implement itself. It takes people with a particular mindset and conviction. Transformation demands from the public to ensure that government is truly based on the will of the people,” he said.

According to the Chief Justice, South Africa needs strong and well-resourced institutions – including a strong judiciary. Institutions must be vigilant for any form of abuse of power and capture. Institutions cannot only be captured by external forces. They can be captured internally as well.

Another crucial element is education and the quality and condition of higher education at every level. “Our school system must allow the youth who are coming from high school to be able to adapt with ease when they get to university.”

“We need people who truly love their country to assume positions of power. Transformative constitutionalism is all about giving expression in a practical way. We should look at solutions for our country based on compromise that can bring us together as South Africans.”

He paid tribute to people such as former President Nelson Mandela, Mama Albertina Sisulu, and Adv Bram Fischer, who opted for the greater good of many, rather than personal satisfaction and gain. “South Africa belongs to all – not some – who live in it, united in our diversity. Are you prepared to serve the state? Do you love this nation? Go out there and pursue social justice. Don't buy things from thieves just because they are cheap. You are encouraging crime.”

“We can't continue this way and expect a different outcome. It is not too late; go out there and contribute towards building the South Africa that we can be proud of,” he concluded.

Hosted by Prof John Mubangizi, Dean of the UFS Faculty of Law, the prestige lecture was attended by approximately 800 guests, comprising senior members of the Supreme Court of Appeal, the Free State Division of the High Court, the university’s executive management, the Faculty of Law, staff members, students, and members of the public.

The Prestige Lecture Series was originally known as the Law Deans’ Prestige Lecture Series and was initiated by the late Prof Johan Henning, former Dean of the UFS Faculty of Law. The series started in 2011 as an initiative to encourage, develop, and expand academic discourse on topical jurisprudential issues and other related matters. Previous lectures were delivered by, among others, Prof Barry Rider from the University of Cambridge in the UK; Justice Richard Goldstone, formerly of the Constitutional Court of South Africa; former Deputy Chief Justice Dikgang Moseneke; and more recently, Judge President Dennis Davis.

News Archive

Q and A with Prof Hussein Solomon on ‘Terrorism and Counter-Terrorism in Africa’
2015-05-29

 

Political Science lecturer, Prof Hussein Solomon, has launched his latest book, Terrorism and Counter-Terrorism in Africa: fighting insurgency from Al Shabaab, Ansar Dine and Boko Haram, on Wednesday 26 May 2015 at the UFS.

In his book, Solomon talks about the growing terrorist threat in Africa, with the likes of Al Shabaab, Ansar Dine, and Boko Haram exploiting Africa's vulnerabilities to expand their operations. Explaining both the limitations of current counter-terrorist strategies and possible future improvements, this timely study can be appreciated by scholars and practitioners alike.

Q: If you speak of Al Shabaab, Ansar Dine, and Boko Haram expanding operations, do you see possibilities for their expansion even into South Africa, or is expansion mainly focused on northern African countries?
 
A: All three movements are operating out of their respective countries. Al Shabaab has attacked Kenya and Uganda and tried to attack the 2010 Soccer World Cup in South Africa. So yes, there is a danger that they are here and, more importantly, newer groups like ISIS are recruiting in SA already.
 
Q: If the traditional military response is ineffective, what would be a better approach then?

 
A:
What is important is that the force of arms needs to complement the force of ideas. What is being waged is an ideological battle, and, just as the West defeated Communism ideologically in the Cold War, we need to defeat radical Islamism ideologically. In addition, the military response needs to complement the governance and development responses.
 
Q: External players like the US have insufficient knowledge of the context, what would be the knowledge about context necessary for anyone concerned about the terror problem in Africa?
 
A: Allow me to give you some examples. The US trains African militaries to fight terrorist groups, but, when they return to their countries, they stage a coup and topple the civilian government. The US does not seem to understand that arming a predatory military and training them makes them more predatory and brutal, which results in civilians being recruited by terrorists, as happened in Mali. Similarly, the US sent arms to the Somali government, and members of that government sold those arms to Al Shabaab terrorists, the very people they were supposed to fight. So the Americans do not understand the criminalisation of the African state, which undermines good governance and promotes terrorism.

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